When your employer must pay, what they must include, and what you can do if they're late.
Enter your last day and pay schedule — get the specific date your check is legally due.
→ Use the CalculatorColorado is among the stricter states when it comes to final paycheck timing. If you are terminated — fired, laid off, or let go for any reason — your employer is required to pay your final wages immediately, at the time of discharge. There is no grace period, no "next payday" allowance, and no administrative delay permitted.
This rule applies whether it's a surprise termination or a planned one. If you're called into a meeting and told your employment is ending, your employer should have your final check ready in that meeting, or trigger a same-day direct deposit. Any delay after you walk out the door means your employer is already in violation of Colo. Rev. Stat. § 8-4-109.
If you resigned, the timeline is different — see the deadline box above for your specific quit deadline under Colorado's law.
Colorado's penalty for late final paychecks is calculated as a percentage: 125% of unpaid wages + 50% penalty. Under Colo. Rev. Stat. § 8-4-109, this gives your employer a financial incentive to pay on time — the longer they delay, the more the penalty compounds.
Percentage-based penalties are often more predictable than wage-continuation penalties, but they can add up quickly depending on the size of your unpaid wages and the length of the delay.
File a wage claim with the Colorado Department of Labor and Employment to have this penalty calculated and applied to your claim. The agency handles the enforcement process and typically contacts your employer on your behalf.
Colorado requires employers to pay out accrued, unused PTO or vacation in your final paycheck. Accrued PTO must be paid out per COMPS Order. This means your PTO balance is treated as earned wages — not a discretionary benefit that can be forfeited when you leave.
If your employer has a "use-it-or-lose-it" policy that causes you to forfeit accrued PTO, that policy may be unenforceable under Colorado law. Accrued PTO that was never used should still be included in your final check.
If your final paycheck is missing PTO you believe you earned, include that amount in your wage claim with the Colorado Department of Labor and Employment. The agency treats missing PTO the same as missing wages.
If your employer hasn't paid your final wages on time, your primary resource is the Colorado Department of Labor and Employment. Filing a wage claim is free and does not require an attorney. The process generally works like this: you submit a written complaint, the agency contacts your employer, and a settlement conference or hearing is scheduled if the employer disputes the claim.
Most employers respond quickly once a formal wage claim is opened — because penalties and interest often keep accruing during the dispute, delaying resolution makes their situation worse. Come prepared with your last pay stub, your separation date, time records if available, and any written communication about your final paycheck.
Alternatively, you can file a lawsuit in small claims court (for amounts within the small claims limit) without an attorney, or hire a private employment attorney for larger claims. Many employment lawyers handle wage theft cases on contingency, meaning you pay nothing unless they recover wages for you.
Immediately — at the time of separation. Under Colo. Rev. Stat. § 8-4-109, this applies to all involuntary separations — firings, layoffs, and employer-initiated terminations of any kind.
Your next regular payday under Colo. Rev. Stat. § 8-4-109. If you gave advance notice, check whether that changes the deadline — some states require same-day payment when sufficient notice is given.
Colorado provides for additional damages if your employer fails to pay your final wages on time: 125% of unpaid wages + 50% penalty. File a wage claim with the Colorado Department of Labor and Employment at no cost to pursue your unpaid wages and any applicable penalties.
Yes — Colorado requires accrued PTO to be included in your final paycheck. Accrued PTO must be paid out per COMPS Order. If your final check is missing PTO, include it in your wage claim.
No. Colorado law does not permit any processing delay for terminated employees. Your employer must pay at the time of discharge. Saying they need time to 'process' is not a valid excuse — the Waiting Time Penalty (or equivalent) begins immediately.
File a wage claim with the Colorado Department of Labor and Employment — it's free and does not require an attorney. Gather your last pay stub, separation date, and any time records or emails about your final pay. Most employers resolve claims quickly once a formal complaint is filed, because penalties and interest keep accruing during delays.